Program Operations Manual System (POMS)

GN 03106.045 Magistrate Reports/Recommendations or Orders

A Magistrate's report and/or recommendation contain a summary of a court case and a recommendation of how the court should decide the case. A Magistrate's report and/or recommendation is not a final order, but the information contained in the Magistrate's Report is often needed for effectuation after a final order/judgment of the court is entered. Magistrate's reports and/or recommendations are forwarded by the OGC to the effectuating components.

Upon receipt of a Magistrate's report and/or recommendation recommending reversal pre-effectuation development should begin. However, objections to the Magistrate's recommended decision are often filed. Consequently, a Magistrate's report and/or recommendation should not be effectuated until a final court order is issued and received from the OGC.

In some jurisdictions a United States Magistrate is authorized to issue a final order. All parties to the court case must agree that the Magistrate's Order will be the final order of the court. If the Magistrate's order is signed and clearlyindicates that it is an Order and not a recommendation, it must be effectuated just like orders signed by district court judges.